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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 31, 2018 No. 36

About approval of criteria for evaluation of admissibility of government assistance on recovery of solvency and restructuring of subjects of managing

According to part two of article 6 of the Law of Ukraine "About government assistance to subjects of managing" the Cabinet of Ministers of Ukraine decides:

Approve criteria for evaluation of admissibility of government assistance on recovery of solvency and restructuring of subjects of managing according to appendix.

Prime Minister of Ukraine
V. Groysman

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of January 31, 2018 No. 36

Criteria for evaluation of admissibility of government assistance on recovery of solvency and restructuring of subjects of managing

General questions

1. These criteria are applied by the Antimonopoly Committee to evaluating admissibility of government assistance on recovery of solvency and restructuring of subjects of managing during decision making according to part four of article 6 of the Law of Ukraine "About government assistance to subjects of managing".

2. The terms used in these criteria have such value:

long-term profitability of subjects of managing - profitability of economic activity of subjects of managing, including their financial stability and competitiveness in the market, without attraction of government assistance within the next five years from the moment of the end of the period of action of the program of government assistance;

difficult situation of subjects of managing - unsatisfactory condition of financial and economic activity of subjects of managing in which the signs determined by these criteria are inherent.

Other terms are used in the value given in the Economic code of Ukraine, the Budget code of Ukraine, the Laws of Ukraine "About government assistance to subjects of managing", "About protection of the economic competition", "About recovery of solvency of the debtor or recognition by his bankrupt", orders of the Ministry of Finance of February 7, 2013 No. 73 "About approval of the National provision (standard) of financial accounting 1 "General requirements to the financial reporting" of July 14, 2016 No. 616 "About approval of the Procedure for evaluating financial condition of the potential beneficiary of the investment project which realization is provided on the terms of financial self-sufficiency, and also determination of type of providing for servicing and repayment of the loan allowed at the expense of means of international financial institutions which servicing will be performed at the expense of means of the beneficiary".

3. The government assistance on recovery of solvency and restructuring of subjects of managing is considered admissible when such help is given for the purpose of recovery of solvency and/or long-term profitability of subjects of managing.

4. Subjects of managing irrespective of pattern of ownership, legal form, including the subjects of small and/or medium business which are in difficult situation treat categories of receivers of government assistance on recovery of solvency and restructuring and:

performing economic activity in any sphere;

at least three years performing economic activity from the date of their state registration;

executed the decision of the Antimonopoly Committee on return of illegal government assistance, inadmissible for the competition (in case of availability of such decision), according to the procedure, stipulated by the legislation about government assistance;

are not residents and/or are not under control of residents of the state aggressor concerning Ukraine or to which special economic and other rationing measures (sanctions) according to the Law of Ukraine "About sanctions" are applied;

are not receivers of government assistance according to other programs of government assistance, except determined by these Criteria.

5. Subjects of managing are considered being in difficult situation if there is at least one of the following signs:

loss by subjects of managing more than a half of the authorized capital because of accumulated losses or for other reasons;

the amount of obligations of subjects of managing (except subjects of small and/or medium business) in the last two years more than in 7,5 of time exceeds equity amount;

the profit of subjects of managing to the taxation without interest contribution for use of the credits (loans) and depreciation is less than expenses on interest payment on the credits (loans) of the corresponding period;

excitement concerning subjects of managing of case on bankruptcy according to the legislation on renewal of solvency of the debtor or recognition by his bankrupt;

the credit rating of subjects of managing is characterized by low and very low creditworthness in comparison with other Ukrainian borrowers or debt instruments according to the National rating scale approved by the resolution of the Cabinet of Ministers of Ukraine of April 26, 2007 No. 665 (The Official Bulletin of Ukraine, 2007, No. 32, the Art. 1294).

The condition of financial and economic activity of subjects of managing is determined by data of the financial reporting of subjects of managing according to the National provision (standard) of financial accounting 1 "General requirements to the financial reporting" approved by the order of the Ministry of Finance of February 7, 2013 No. 73.

6. Subjects of managing which are in difficult situation can receive government assistance on recovery of solvency and restructuring irrespective of use of system of actions for recovery of solvency of subjects of managing according to the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt".

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